Samsung ordered by court to give Apple access to unreleased products

Samsung has been ordered by a federal judge to grant Apple access to a number of unreleased tablets and smartphones as part of an ongoing patent dispute. Apple filed a lawsuit against Samsung last month, accusing the Korean consumer electronics giant of infringing on a variety of Apple patents and trademarks. “Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,” Apple said in a court filing. Last week, a judge gave Samsung 30 days to deliver five of its forthcoming devices — the Galaxy S II, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and DROID Charge — to Apple so the Cupertino-based company can determine whether or not it wishes to request an early injunction. “Apple has demonstrated good cause for some, limited expedited discovery,” said San Jose federal judge Lucy Koh. “While Apple has not yet filed a motion for preliminary injunction, courts have found that expedited discovery may be justified to allow a plaintiff to determine whether to seek an early injunction.” Samsung argued that the devices have not yet been released so granting Apple access to them would be inappropriate, but Koh dismissed the arguments, citing the fact that Samsung is already advertising the devices and giving samples to members of the press.

Is this only applicable to the unreleased devices that Samsung has already previewed? The judge’s comments seem to indicate that’s the case. If so, not a huge deal.

Anonymous

Those devices are unreleased in name only. You can go on YouTube and find reviews of them right now. More importantly, since all of the phones are using TouchWiz, they’re not hugely different. The tablets aren’t that different from each other either, size notwithstanding.

I think this whole lawsuit is ridiculous on its face, but that’s the nature of how things work between tech companies these days. Do a little research into patent thickets, patent trolls, etc. and you’ll come to realize that it’s a miracle every time a company isn’t sued after releasing a new device.

Anonymous

The Galaxy S II has been released in Europe, and you can get a gray market one that’ll work on the AT&T network (including “4G” HSPA+ if your area has it). I did; just got it yesterday.

http://twitter.com/felipeapl Felipe A. Polanco

wow, deep strike that one

http://twitter.com/llckll Charlie Kim

I already have the Samsung Infuse 4G. What’s going to happen to my phone?

Anonymous

Nothing. At worst, Samsung won’t be allowed to sell more of them (although I don’t see that happening) – but nothing will happen to devices in the field already.

Anonymous

Apple will be by shortly to collect it.

Boodah

Booooyah… ouch.

Booboolala2000

Nothing more will come from this.

Fat Mams

Apple’s argument is that Samsung holds apps in a grid like pattern. What a joke ..

Generatione

All I’m gonna say is I messed around with the Touchwiz and it looked exactly like an iPhone. It even scrolled right instead of down like most Android. Total rip-off.

http://profiles.google.com/penguin.balances penguin.balances awesome

if you ignore the last 15 years of PDA and phone evolution, then yeah, sure, i guess it looks like Apple invented everything in 2007.

Shanghai Dan

Funny, when I started using SPB Mobile Shell back in 2006, the screens scrolled to the right and included row upon row of icons. Just like Apple ended up using as well…

Anonymous

School dropouts like you are incapable of understanding anything and are a burden to society.

Scott

Good for Crapsung. This is what happens when you get caught cheating. Nothing new here, as we’re taught not to copy in grade school.

KCRic

Yeah, I just hate when people draw the Earth as a sphere – b*tches are stealing my idea.

http://www.facebook.com/people/Peter-Koper/1468518445 Peter Koper

See, years ago they actually tought at school and smart people roamed earth, invented and patented things like the phone, radio broadcasting, x-ray’s, penicillin.
Today people seem not that smart and patent 4×4 icons und call it magical.

Due to recent events at Foxconn, Apple will not be able to meet the demand. And because the new Samsung devices are specification wise overall better than recent Apple ones, Apple probably for the first time fears genuine competition.

I do like and have several Apple devices, but they certainly do not have the heads up they used to several years ago.

Anonymous

Yeah whatever. Now crawl back to your basement.

Private Male

Apple “the best”… wow.. all this talk of stealing… where were you when steve jobs was working in ATARI labs, being paid to work with proprietary technology far ahead of anything else on the planet, while stealing time in the basement, designing a solution for the home based computer (already being planned by Ron Bushnell (founder of ATARI) and his team) to not only compete with ATARI but beat it to market on many levels…?!?! That had a great deal to do with ATARI’s overall demise…and it was far superior and open technology….apple is a gimmick and a joke… pc’s running windows control the world with well over 90% of the market…
Apple is rooted in theft….and they are lazy… LOL!
(doesn’t their “operating system” actually run on top of Linux?? and i’m pretty sure that anyone would be beyond hard-pressed to source an electronic device that doesn’t have parts/components manufactured in taiwan (taiwan semiconductor is in everything))

Private Male

I have to apologize… I meant for this reply post to be addressed to the last reply that “Bring IT” posted to “Steve Hillshire”

Private Male

Noo…. in reply to “Bring IT” … post#57 I believe

Private Male

@Steve Hillshire: don’t forget ATARI’s handheld/portable device line. Before mod’ing, the specs and performance were competing long after its death (able to not only give a nintendo gameboy advance a run, but beating it out on some levels (out of production for a decade or more by then i think.)) It would function as a full color TV with tuner and a much larger display. Amazing. The STs dusted the Mac AND the Amiga for that matter.
I usually don’t get involved with these types of postings, but lately I have been running into so many forums/blogs that have an overwhelming number of ranting and raving Apple kids that seem to have serious mental issues. The most ignorant statements and comments come out of this group of people, it seems.
I am typing this on a MacBook btw…lol! However, it is powered by an Intel Core2Duo CPU, and runs great using the BootCamp option allowing me to boot MS Windows XP Pro!! Thanks Apple!! LOL!!

Anonymous

Of course! Apple invented everything and never took ideas from anyone else. they invented the GUI right? they were the first ones to use a 4×4 grid of colored icons in a launcher right? heck… they never ripped off another company’s trademark, lost a lawsuit, then got sued again for violating a settlement agreement? Of course.. Apple would have never done those things.

Anonymous

They can attack the way Samsung skins Android…but theyll never stop companies from putting it on their phones.

http://twitter.com/SParKlngCyaNide SparklingCyanide

such bull, Samsung shouldn’t have to turn ANYTHING over to Apple. That judge must be in Apple’s pockets.

Anonymous

It’s called discovery.

http://twitter.com/HalifaxTech Matt Corkum

Several sites have posted about this, and none have represented the situation completely accurately.

Apple will not have access to the devices. No their hardware team, in-house lawyers, or Steve Jobs. The devices will be given to, and looked at by their counsel for this case and that’s it.

Anonymous

That’s what I’ve read as well. Apple will not have direct access to the devices.

Helmholtz

I have to imagine that the reason no one is representing this correctly is (a) it’s more inflammatory this way, or (b) none of these blogs are staffed with people who have substantive journalistic experience – or legal experience for that matter.

Maybe a little from column (a) and a little from column (b).

http://twitter.com/EwanTouma Ewan Touma

Stupid Asians, always ripping off American products and making crappy similar looking ones.

KCRic

Yeah I find it amazing our government allows Foxconn to treat it’s employees like they’re in China… oh wait.

Anonymous

I actually clicked the plus by accident. Now I look like just as much a jackass as you.

http://twitter.com/SoGuil sG

DId you just start your comment with the phrase, “Stupid Asians”…?

Here are some pro tips on life, Ewan:1) Look up the definition of stereotype.2) Contemplate upon what the “stereotype” is for Asians in American culture.
3) Read your comment again.
4) Read your comment again.
5) Come to realization that you just had to get help on how to stereotype.

http://twitter.com/homescrub homescrub

Are you mad because he speaks the truth? 90% knock off rate comes from Asia. Not all Asians are stupid of course, just that they like to counterfeit items that Americans work hard to design and advertise. Sure that Gucci made purse was made out of rat skin where children work in sweat shops. its ok. no stereotyping here.

http://twitter.com/SoGuil sG

Hi homescrub,
To clarify, I am not mad because he speaks the truth. I’m not really mad period.

Here’s the breakdown, and I’m going to kill this joke because some people need more in-depth explanations at… well, anything beyond middle school reading. And I’m not pointing you out, homescrub, but I realize the point I was making could be difficult to understand by others who have not read my comment carefully.

Let’s just say for the argument’s sake that stereotyping is socially acceptable and politically correct at the same time – It is not, but if we are to stop right there, Ewan would have failed just once. See, Ewan has no qualms about stereotyping at all, as you. So while he embraces the concept of stereotyping to the fullest by writing racist messages on the comment sections of random tech blogs, what I wanted to point out was that his execution was faulty. If he wanted to propagate racial stereotypes, which I don’t recommend, Ewan should have followed a consistent protocol – Repeat widely accepted beliefs. He failed at doing so, because even within his one sentence, he was not consistent. Yes, stereotype suggests Asians are “always ripping off American products” ; No, stereotype does not suggest Asians are stupid. In fact, it does the opposite. So while I would never do this, if I were to go off on racial stereotyping binge by claiming all you white Americans are incestuous hill billies, I would remain consistent in my application by also stating that the reason you cannot multiply to save your life is because generations of inbreeding has in effect messed with your brain chemistry. THAT, is where Ewan has failed. :)

Helmholtz

Racist much?

All these companies are global enterprises, with people involved from all parts of the world. This may come as a surprise to you, but there are a significant number of Asian-Americans living in Silicon Valley.

Anonymous

TNT, Silk,porcelain etc etc came from Asia way before your ancestors figured out how to take their fingers out of their blowholes. If you are so high and mighty…tell Apple to stop having these Stupid Asians manufacture their products and all the other stuff you so love..

Anonymous

Hey Ewan, where do you think most of our Tech come from? Hint* Not America! Dude what are you 5? I hope you can learn something here and stop spreading the HATE. That’s what’s wrong with the world now, TOO MUCH HATE!

http://www.vgchartz.com SuperChunk

I don’t understand why this is still in court. Its already been proven that Samsung had a device (w/o Android) out before iPhone or iPod Touch that had the similar look to the Galaxy S…. and as far as the tablets go, wtf? What else can you do to the overall form factor to make it much different? Plus, the initial Samsung tablets were 7″.

Apple is just afraid of competition and using this to stifle it.

http://www.droiddoes.com/ Norm

I’m going to jump out of character real quick to just ask whether you are infact r3tarded? Samsungs Galaxy S phones are nearly identical to the iPhone in appearance and touchwiz is a direct copy off the appearance of iOS. They did nothing innovative, but figure out a way to copy off of Apple quicker than the rest of the cheap plastic Asian companies out there.

http://twitter.com/ChazClout ChazClout

I feel privileged to have read that Norm. Refreshing and to the point.

why is Microsoft not suing apple? Microsoft have window mobile 6.0 phones with touchscreen way before there is i(diot)Phone!

Anonymous

Keep talking. You’re making the anti-Apple crowd look really smart.

http://twitter.com/mbcls ask me

is it not true that microsoft have touchscreen phones way before there is i(diot)phone? wait, i guess idiots and idiotPhone do go together! haha

Anonymous

Apple isn’t suing because Samsung made a touchscreen phone.

Zac Caslin

Not Multi Touch.

Anonymous

Windows mobile 6.5 what a dinosaur. Have you seen Microsofts CEO. White chimp escaped from the African jungle.

http://twitter.com/ChazClout ChazClout

Design patents.

Apple have them and thinks Samsung copied them.

That’s pretty much it.

Anonymous

People don’t understand “look and feel” lawsuits. I wonder if these same people get upset at Prada for suing a knockoff brand, just because it has the same look and feel. “WTF?? HOW CAN YOU PATENT SEWING LEATHER!!1!”

Anonymous

WTF Pepsi can sue Coca-Cola and this Judge will give Pepsi access to Coke’s unreleased products?

Anonymous

Not a very apt comparison. Regardless, these “unreleased” products are only unreleased in that they are not for sale; they’ve been demoed and specs details, which was the judge’s argument. In addition, as other posters have pointed out, Apple isn’t actually getting direct access.

Helmholtz

If Pepsi has a plausible claim that Coke infringed on its patents, sure they could. But this is completely different.

The judge also limited the discovery to outside counsel, so at least in theory, Apple’s in-house counsel won’t be seeing it. Nor will Apple’s technical staff. Violations of the discovery rule by outside counsel would result in significant penalties.

http://www.facebook.com/profile.php?id=63900900 Sean Eppel

If this stupid lawsuit that Apple has filed has anything to do with the delay to get the Galaxy S2 over to the states I’m gonna be pissed. Damn, Apple needs to get a life instead of suing everyone for no reason.

Anonymous

Sorry bastards. Why the heck does apple think they are the boss? I hate apple products….bastards.

Guest

You’re saying if you had a company and someone directly copied the look and feel of your product, you wouldn’t sue them? I’m going to assume you would…Stop hating for the sake of it.

Anonymous

I don’t have to hate. You need to wake up.

http://www.facebook.com/people/Peter-Koper/1468518445 Peter Koper

Before we all get just too excited….

“She [Judge Lucy Koh] also limited the results of discovery to “Outside Counsel Eyes
Only,” meaning neither Apple nor its in-house counsel will get a peek at
the phones or related marketing materials.”

http://www.facebook.com/carsongbaker Carson Baker

Not the galaxy II! That thing is soooo good!

MRomeo

“Good artists copy, great artists steal.”

Bringit

“Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,”

yup – sounds about right. If you can’t beat the best – just copy them.

Steve Hillshire

Copying is the sincerest form of flattery. Why is Apple so upset? :)

Bringit

Good of you to admit that Apple is the best and the rest just copy. I am sure that was not easy for you.

Private Male

Apple “the best”… wow.. all this talk of stealing… where were you when steve jobs was working in ATARI labs, being paid to work with proprietary technology far ahead of anything else on the planet, while stealing time in the basement, designing a solution for the home based computer (already being planned by Ron Bushnell (founder of ATARI) and his team) to not only compete with ATARI but beat it to market on many levels…?!?! That had a great deal to do with ATARI’s overall demise…and it was far superior and open technology….apple is a gimmick and a joke… pc’s running windows control the world with well over 90% of the market…
Apple is rooted in theft….and they are lazy… LOL!
(doesn’t their “operating system” actually run on top of Linux?? and i’m pretty sure that anyone would be beyond hard-pressed to source an electronic device that doesn’t have parts/components manufactured in taiwan (taiwan semiconductor is in everything))

Steve Hillshire

Once we cut through your Apple thinking, 1) Never said Apple is the best. Just that copying is the sincerest form of flattery. 2) Never said the “rest” were just a copy. If I did that, I’d have to include Apple being a copy of the Palm which we both know isn’t *completely* true.

Steve Hillshire

@0a4bb6fc130ca28f88e965a2db808a92:disqus Agreed that Atari was way ahead of their time. Their computers went head to head with the Apple II series and when factoring in price, completely smoked them. It is too bad they made a few stupid fatal mistakes. Even the ST series went head to head with the Macs of that same time and again, dollar for dollar left Apple in the dark. TOS was a decent OS and the hardware had value unsurpassed. Power without the price.

Private Male

@Steve Hillshire: don’t forget ATARI’s handheld/portable device line. Before mod’ing, the specs and performance was competing long after its death (able to not only give a nintendo gameboy advance a run, but beating it out on some levels, out of production for a decade or more by then i think.) It would function as a full color TV with tuner and a much larger display. Amazing. The STs dusted the Mac AND the Amiga for that matter. I usually don’t get involved with these types of postings, but lately I have been running into so many forums/blogs that have an overwhelming number of ranting and raving Apple kids that seem to have serious mental issues. The most ignorant statements and comments come out of this group of people, it seems. I am typing this on a MacBook btw…lol! However, it is powered by an Intel Core2Duo CPU, and runs great using the BootCamp option allowing me to boot MS Windows XP Pro!! Thanks Apple!! LOL!!